Nawal Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53250 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Nawal Dubey S/O Late Ragho Dubey R/O Village- Thikaha, Bhawanipur, P.S- Sangrampur, Distt.- East Champaran.

2.

Vipul Dubey S/O Nawal Dubey R/O Village- Thikaha, Bhawanipur, P.SSangrampur, Distt.- East Champaran. 3.

Mohit Kumar @ Mohit Dubey S/O Nawal Dubey R/O Village- Thikaha, Bhawanipur, P.S- Sangrampur, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Sangrampur P.S. Case No. 359 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused persons came at the house of the informant, variously armed, and assaulted the husband of the informant by means of farsa, causing head injury. It is also alleged that co-accused, Rajan Dubey committed theft of Rs. 75,000/-.

Patna High Court CR. MISC. No.53250 of 2024(2) dt.02-08-2024 2/3 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. It is submitted that there is no specific allegation against the petitioners, rather allegation is general and omnibus in nature. It is next submitted that specific allegation of giving farsa blow is against Rajan Dubey, and from perusal of the injury report, it reveals that it is found to be simple in nature. There is subsisting land dispute between the parties. There is case and counter case between them. Petitioners bear three criminal antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sangrampur

Patna High Court CR. MISC. No.53250 of 2024(2) dt.02-08-2024 3/3 P.S. Case No. 359 of 2023 , subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T